Outlines the issues involved in whether the 2010 Affordable Care Act's individual mandate is constitutional under the commerce clause, presents research literature on the effect of uninsurance on the broader economy, and reviews the lower courts' rulings

Holly Mead

Leighton Ku

Michal McDowell

Paula Lantz

Sara Rosenbaum

English

Rosenbaum, Sara

Ku, Leighton

Lantz, Paula

Mead, Holly

McDowell, Michal

George Washington University: Health Sciences Research Commons (HSRC)

Examining the Evidentiary Basis of Congress\u27s Commerce Clause Power to Address Individuals\u27 Health Insurance Status

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Examining the Evidentiary Basis of Congress's Commerce Clause Power to Address Individuals' Health Insurance Status

Chief among the issues that the United States Supreme Court considers in United States Department of Health and Human Services et al. v Florida et al. is the questionof whether Congress has the constitutional power to apply a “minimum essential coverage requirement” on most nonelderly Americans. Opponents of the provision (referred to under the Act as the “Individual Responsibility” requirement) argue that compelling individuals to buy affordable health insurance coverage exceeds Congressional powers. By contrast, the United States Department of Justice and supporters of the law assert that the minimum coverage requirement is consistent with a long line of Supreme Court decisions regarding the power of Congress to regulate individual conduct. The Administration, in a brief filed on January 9, 2012, argues that Congressional authority to act can be found under both its taxing powers as well as its power under the Commerce Clause and Necessary and Proper Clause to regulate interstate commerce. The Commerce Clause arguments are of special interest, because it is this basis of power that has received so much attention in the lower court decisions to date

Rosenbaum, Sara J.

Ku, Leighton C.

Lantz, Paula M.

Examining the evidentiary basis of Congress\u27s commerce clause power to address individuals\u27 health insurance status

https://www.issuelab.org/resources/12802/12802.pdf

Examining the Evidentiary Basis of Congress's Commerce Clause Power to Address Individuals' Health Insurance Status

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George Washington University: Health Sciences Research Commons (HSRC)

IssueLab

George Washington University: Health Sciences Research Commons (HSRC)